Oregon Public Broadcasting

The military contractor KBR told a federal judge in Portland Monday, that the company should not be held responsible for the health problems of 21 Oregon National Guard soldiers.

The soldiers say the military contractor knew, or should have known, that a water treatment facility it was working on in 2003, was contaminated with hexavelant chromium, a potent carcinogen.

The company is saying Iraq was so dangerous the military, not KBR, was in control meaning KBR should be allowed to claim a combat activities exemption from being sued.

The company also argued it's entitled to sovereign immunity, like the government, because it was essentially doing government work.

The soldier's attorney, David Sugarman, disagrees.

David Sugarman: "It wouldn't be very hard to done what they were supposed to do -- assess the hazard, report, disclose it and not hide it."

The judge says he expects to rule soon on whether the case can go forward.

Editor's Note

OPB made an error in this story on a lawsuit between military contractor, KBR, and Oregon National Guard troops. 

Federal Judge Paul Papak has not yet ruled on who was responsible for cleaning-up Hexavalent Chromium at the Quarmat Ali Water Plant.

OPB regrets the error.